Can Talaq be revoked from Spouse in khula?


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Can Talaq be revoked from Spouse in khula:

If you wish to know can talaq be revoked or khula process in Pakistan you may contact Jamila Law Associates. Grant of permission is a valid consideration for the agreement to transfer the specific property, suit not to be dismissed for want of consideration. Can talaq be revoked or khula process in Pakistan the whole emphasis is on the date of the receipt of the notice by the chairman of the Union Committee/Union Council.

Notice:

Husband giving notice of Talaq to the Chairman which notices never withdrawn, it would be wrong on the part of Family Court to pass a decree for restitution of conjugal rights. A divorce pronounced by the husband would take effect under Islamic injunctions even if notice to Arbitration Council intimating it took such Talaq or subsequent proceedings in this regard and certificate of the effectiveness of Talaq is ignored.  Challenge in respect of lack of notice under section 7 is really of academic importance.

Trial:

 The trial Judge should ignore the same where the factum of lack of notice as such is not a fact in respect of which any question/ issue is taken. The factum of divorce is itself denied by one party and asserted by the other, sending a notice under section 7 has no consideration. Can talaq be revoked or khula process in Pakistan If, however, the wife goes back to her husband’s house after notice of Talaq and gives birth to a son afterward, coupled with that, none of the parties took part in reconciliation proceedings. Certificate of the effectiveness of Talaq issued by the Chairman is not sufficient to prove that marital ties between the spouses had come to an end. Petitioner (husband) was found to have not sent the notice of Talaq divorce to the respondent in original, nor was a copy thereof sent to the Secretary, Union Council.

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Khula Process in Pakistan:

Can talaq be revoked or khula process in Pakistan even if an order had been passed jurisdiction, the order advanced the cause of justice court should not interfere with such order as either any fraud or forgery. Committed by anyone should come the way of justice, nor could it invoke constitutional jurisdiction to aid injustice. Impugned order advanced the cause of justice by setting aside a document (divorce deed) obtained by fraud and forgery.45. 

Statement of Parties:

One of the spouse’s citizens of Pakistan. Parties are litigating since 1995, and according to the statement of parties, they were going through agonizing and painful situations. Plaintiff women appearing before Court had refused to go with their husbands. No religion would allow hateful union, which was not bases on the true consent of parties, especially in the Christian Marriage Act, 1872, where marriage is a sacrament for question can talaq be revoked or khula process in Pakistan.

Evidence:

 Evidence on record establishing beyond doubt that a vital role in marriage between spouses who were Christians was performed by one Muslim Peer” under whose influence parities were wedded. It lays down in mandatory terms that the marriage between the native Christian shall not be certified otherwise than upon the fulfillment of the said conditions. One of the conditions is that neither of the persons intending to be married shall have a wife or husband still living As Christian Marriage Act only recognizes one marriage, issues of the first wife only lawful heirs and entitled to inherit.” 

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